EC-624-W

(Reviewed 8/2000)

Purdue University

Cooperative Extension Service

West Lafayette, IN 47907



PASTURE LEASE--FORM 1 (CASH RENT PER HEAD PER MONTH)



David C. Petritz and Jake H. Atkinson
Department of Agricultural Economics




This form was prepared to assist in reaching and recording a leasing agreement. Assurance that specific legal requirements are met may require the services of a lawyer.

1. Parties:

The following lease agreement is hereby entered into by _______________________ of _______________________________________________________________, landlord of the pasture, and ___________________________________ of_______________________, tenant, for the period ____________________________________________________ 19 ______ through ________________________________________ 19_____.

2. Land description:

The pasture to be used consists of _________ acres on the _________________________ farm, legally described as follows: _____________________________________________________________________________________________ Section ________________ Township______________________ Range ____________ in _________________________ County, State of Indiana, and is located on this farm as follows: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

3. Computation of rent, payment dates:

a. The basis for calculating rent shall be $ ________ per month per animal unit (estimated by method A* or B** ________). Minimum rent shall be based on ____________ animal units times ____________ months times $_____________ (rate per animal unit per month). The minimum rent thus calculated shall be $______________. At the end of the grazing season, the actual number of animal unit months shall be multiplied by $_______________, and the amount of rent shall be the larger of this calculation or the minimum specified above.

*Method A: 1 bull, 1.25 animal units; one 1,000-lb. cow, 1 animal unit; 1 yearling steer or heifer, .75 animal unit; calf, 6 months to 1 year, .5 animal unit; calf, 3 to 6 months, .3 animal unit; sheep, 5 per animal unit; horse, 1.25 animal units.

**Method B: 1,000 lb. of average weight for the pasture period.

b. Rent shall be payable as follows:

$___________________ when livestock are placed on pasture, $___________________ on or before ________________________________, 19_____. and the remainder when all livestock are removed, but not later than ___________________________, 19_____.

Default in any such payment shall constitute grounds for termination of the lease, at which time the entire annual payment shall become due and payable, and shall be forfeited as liquidated damages for breach of the lease.

4. Duties of the tenant:

The tenant agrees:

a. To provide the landlord an affidavit or health certificate(s) declaring that all cattle under 1 year of age have been vaccinated for blackleg, and that all heifers and cows under 30 months of age have been calfhood vaccinated for Bang's disease or have shown a negative reaction to a Bang's test within ___________ days prior to entering the pasture and that all other females and bulls have shown a negative reaction to a Bang's test within ________ days prior to entering the pasture.

b. Not to pasture livestock known to be breachy. Any animal found outside the pasture more than three times must be removed upon request of the landlord.

c. Not to keep more than __________ animal units (calculated by method A* or B** ________) in the pasture at any time without written consent of the landlord.

d. Not to assign his rights and duties under this lease without the written consent of the landlord.

*Method A: 1 bull, 1.25 animal units; one 1,000-lb. cow, 1 animal unit; 1 yearling steer or heifer, .75 animal unit; calf, 6 months to 1 year, .5 animal unit; calf, 3 to 6 months, .3 animal unit; sheep, 5 per animal unit; horse, 1.25 animal units.

**Method B: 1,000 lb. of average weight for the pasture period.

5. Duties of the landlord:

The landlord agrees:

a. To place the perimeter fences and necessary cross fences in serviceable condition prior to the date livestock are brought to the pasture and to maintain the fences during the pasture season.

b. To provide an adequate source of water throughout the pasture season. Violation of this subsection shall constitute grounds for termination of the lease.

c. To permit exclusive use of the pasture by the tenant except as follows:

__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

6. Other responsibilities:

The party whose name appears in the blanks below agrees to assume the indicated responsibility (cross out and initial items not included in the lease.)

                                                             Responsible Party

Inspect fences not less than once per _______________        __________________

Provide labor for repair of fences                           __________________

Provide materials for repair of fences                       __________________

Supervise supply of water available to livestock             __________________

Provide labor for repair of water system                     __________________

Provide materials for repair of water system                 __________________

Provide salt and minerals                                    __________________

Count livestock not less than once per _____________         __________________

Return stray animals to pasture                              __________________

Call veterinarian in case of emergency                       __________________

Pay veterinary expenses                                      __________________

Provide loading and unloading facilities                     __________________

Provide supplementary feed, if needed                        __________________

Provide facilities for fly control                           __________________

Keep fly control facilities in working order . .             __________________

7. Right of entry:

Both parties, and agents or employees thereof, shall have the right to enter the pasture at any time for any legitimate purpose. Gates shall be closed upon entering and leaving the premises.

8. Arbitration:

a. Failure of either the landlord or the tenant to comply with the agreements set forth in this lease shall make him liable for damages to the other party. Any claim by either party for such damages shall be presented, in writing, to the other party, at least _______________________ days before the termination of this lease.

b. Any disagreements between the landlord and the tenant shall be referred to a board of three disinterested persons, one of whom shall be appointed by the landlord, one by the tenant, and the third by the two thus appointed. The decision of these three shall be considered binding by the parties to this lease unless a matter of law or a sum exceeding $_______________ is involved. Any cost for such arbitration shall be shared equally by the two parties to this lease.

9. Obligation of heirs and assigns:

The terms of this lease shall be binding upon the heirs and assigns of both parties.

10. Executed in duplicate on the date written in item one:

WITNESS (not needed if notarized):         ______________________________
                                                       LANDLORD

					   ______________________________
                                                       TENANT

STATE OF  ____________________________

COUNTY OF ____________________________

    ON THIS ________________________ day of _____________________________
A.D., 19       , before me, the undersigned, a notary public in said State,
personally appeared ______________________________________________________,
_____________________________________, ___________________________________,
______________________________________, and ______________________________,
to me known to be the identical persons named in and who executed the foregoing
instrument, and acknowledged that they executed the same as their voluntary act
and deed.

					   ______________________________
                                                    (Notary Public)


RR 9/85

Reviewed 8/2000

Cooperative Extension work in Agriculture and Home Economics, state of Indiana, Purdue University, and U.S. Department of Agriculture cooperating; H. A. Wadsworth, Director, West Lafayette, IN. Issued in furtherance of the acts of May 8 and June 30, 1914. The Cooperative Extension Service of Purdue University is an affirmative action/equal opportunity institution